4121.443
Summary suspension.

(A)
The bureau of workers' compensation may summarily
suspend the certification of a provider to participate in the health
partnership program created under sections 4121.44 and 4121.441 of the Revised
Code without a prior hearing if the bureau determines any of the following
apply to the provider:

(1)
The professional license, certification, or
registration held by the provider to practice the provider's profession has
been revoked or suspended for an indefinite period of time or for a period of
more than thirty days, subsequent to the provider's certification to
participate in the health partnership program.

(2)
The provider has been convicted of or has pleaded
guilty to a violation of section 2913.48 or sections 2923.31 to 2923.36 of the
Revised Code or has been convicted of or pleaded guilty to any other criminal
offense related to the delivery of or billing for health care
services.

(3)
The bureau determines, by clear and convincing
evidence, that the continued participation by the provider in the health
partnership program presents a danger of immediate and serious harm to
claimants.

(B)
The bureau shall issue a written order of summary
suspension by certified mail or in person in accordance with section 119.07 of
the Revised Code. If the provider subject to the summary suspension requests an
adjudicatory hearing by the bureau, the date set for the hearing shall be not
later than fifteen days, but not earlier than seven days, after the provider
requests the hearing, unless otherwise agreed to by both the bureau and the
provider.

(C)
If an order issued pursuant to this section is
appealed, the court may stay execution of the order and fix the terms of the
stay, if the court finds both of the following:

(1)
That an unusual hardship to the appellant will result
from execution of the order pending appeal;

(2)
That the health, safety, and welfare of the public
will not be threatened by staying execution of the order pending
appeal.

(D)
A court or agency order staying the suspension of a
professional license, certification, or registration shall not affect the
ability of the bureau to suspend the certification of a provider to participate
in the health partnership program under this section.

(E)
The summary suspension of a certification of a
provider under this section shall not affect the ability of that provider to
receive payment for services rendered prior to the effective date of the
suspension.

(F)
Any summary suspension imposed under this section
shall remain in effect, unless reversed on appeal, until a final adjudication
order issued by the bureau pursuant to this section and Chapter 119. of the
Revised Code takes effect. The bureau shall issue its final adjudication order
within seventy-five days after completion of its hearing. A failure to issue
the order within the seventy-five-day time period shall result in dissolution
of the summary suspension order but shall not invalidate any subsequent, final
adjudication order.